FedCircuitBlog

The only case argued this week at the Federal Circuit that attracted an amicus brief was Monk v. Wilkie, a case in which nine veterans sought class certification to assert claims of unreasonable system-wide delay by the Board of Veterans Appeals in deciding appeals of denials of veterans’ claims. In our argument preview, we highlighted how the case attracted four amicus briefs, all in favor of the veterans, whose request for class certification was denied by an evenly divided en banc Court of Veterans Appeals. On Monday, the parties presented oral arguments to a panel of Federal Circuit including Judges Newman, Lourie, and Reyna. Here is our argument recap.

This morning the Federal Circuit issued a precedential opinion in a case brought under the Tucker Act, two nonprecedential opinions in appeals from the Court of Appeals for Veterans Claims, and a nonprecedential erratum. Here are the introductions.

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include two new petitions, a response to a petition, and an amicus brief in support of a petition.

This morning the Federal Circuit issued a precedential opinion in a patent case and a nonprecedential opinion in case dismissed by the Court of Federal Claims for lack of jurisdiction. Here are the introductions to the opinions.

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights a merit panel’s recent request for supplemental briefing on the constitutionality of Title 5’s removal restrictions with respect to Administrative Patent Judges, predictions that Congress will pass legislation soon to cure the constitutional defect related to the appointment of Administrative Patent Judges, and a Forbes article provocatively entitled “How a Homeless Man Helped Cloudflare Counterattack a Bogus Patent Lawsuit.”

The Federal Circuit did not issue any opinions this morning.

This week the Federal Circuit will hold 15 panel hearings and hear oral arguments in about 57 cases. Of all these cases, the only one attracting an amicus brief is Monk v. Wilkie, a case where nine veterans seek to overturn the denial of their request for class certification, the result of a 4-4 split of the en banc Court of Veterans Appeals. Notably, however, on Friday next week (outside of the traditional week the court hears arguments) the court will hold a hearing in In re Google LLC, another case attracting an amicus brief. In this case Google is seeking a writ of mandamus ordering the Eastern District of Texas to dismiss this patent case for improper venue.

The Federal Circuit did not issue any opinions today. The court previously announced that it would be closed today. Enjoy the long holiday weekend!

The Federal Circuit did not issue any opinions today given the Thanksgiving holiday. Happy Thanksgiving everyone!

Happy Thanksgiving! Here is an update on recent activity at the Supreme Court in cases decided by the Federal Circuit. In granted cases, the only case with any activity was Thryv, Inc. v. Click-To-Call Technologies, LP, in which the petitioner filed its reply brief. As for petitions, the Court denied review in three cases, parties filed three responses in opposition and one reply, and a third party filed an amicus brief in one case. We have the details.